West Virginia Code § 48-5-513

Granting of ex parte relief
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(a) Every ex parte order granted without notice must:
(1) Be endorsed with the date and hour of issuance;
(2) Be filed forthwith in the circuit clerk's office and entered of record; and
(3) Set forth the finding of the court that unless the order is granted without notice there is
probable cause to believe that existing conditions will result in immediate and irreparable
injury, loss or damage to the moving party before the adverse party or his or her attorney
can be heard in opposition.
(b) The order granting ex parte relief must fix a time for a hearing for temporary relief to be
held within a reasonable time, not to exceed twenty daays, unless before the time fixed for
hearing, the hearing is continued for good cause shown or with the consent of the party
against whom the ex parte order is directed. The relasons for the continuance must be
entered of record. Within the time limits described herein, when an ex parte order is made, a
motion for temporary relief must be set down for hearing at the earliest possible time and
takes precedence over all matters except oilder matters of the same character. If the party
who obtained the ex parte order fails to proceed with a motion for temporary relief, the
court shall set aside the ex parte order.
(c) At any time after ex parte relief is granted, and on two days' notice to the party who
obtained the relief or on such shorter notice as the court may direct, the adverse party may
appear and move the court to set aside or modify the ex parte order on the grounds that the
effects of the order are onerous or otherwise improper. In that event, the court shall proceed
to hear and determin e such motion as expeditiously as the ends of justice require.

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